RECIDIVA INTERNAŢIONALĂ ŞI EFECTELE JURIDICE ALE HOTĂRÂRILOR DE CONDAMNARE STRĂINE ÎN DREPTUL PENAL ROMÂN
INTERNATIONAL RECIDIVISM AND THE LEGAL EFFECTS OF FOREIGN CONVICTIONS IN ROMANIAN CRIMINAL LAW

Summary/Abstract: International recidivism, known as the phenomenon of successive criminal offenses committed, in accordance with the law, in different states, poses complex legal challenges. This article examines the concept of international recidivism under Romanian law (Art. 41(3) of the Penal Code) and the conditions for its application, including the recognition of foreign convictions and the requirement of double criminality. It analyzes the European framework (Council Decision 2008/675/JHA on prior convictions and the CJUE rulings in Lada and Beshkov) on taking foreign sentences into account via ECRIS, and the divergent Romanian jurisprudence on whether this suffices or formal recognition under Law no. 302/2004 is needed. The High Court of Cassation and Justice, in Decision no. 13/2023 (Recurs în interesul legii), resolved the issue, confirming that international recidivism can be invoked only after a foreign conviction is recognized under art. 147 of Law 302/2004, and not merely on the basis of its entry in the European criminal record system (ECRIS). The paper highlights the impact of this unified interpretation on sentencing and judicial cooperation.

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